Labor and Employment Law Commons^™

The Right To Democratic Participation In Labor Unions And The Use Of The Hobbs Act To Combat Organized Crime, Leslie Marshall

Fordham Urban Law Journal

The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be …

Erisa: The Arbitrary And Capricious Rule Under Siege, George Lee Flint Jr

Faculty Articles

While ERISA sets forth an explicit standard that the plan administrator’s actions must meet those of a prudent man acting in like circumstances, courts have applied the arbitrary and capricious standard of review to administrator decisions. Courts should apply the arbitrary and capricious standard only when dealing with disinterested plan administrators acting properly under ERISA. The arbitrary and capricious rule was applied to post-ERISA decisions as a continuation of the pre-ERISA precedent, which established the rule through the continued development of common law from union negotiated employee benefit plans decided under the Labor Management Relations Act. Unfortunately, this continuation of …

Major Operational Decisions And Free Collective Bargaining: Eliminating The Mandatory/Permissive Distinction, James R. Rasband

Faculty Scholarship

No abstract provided.

The Federal Personnel Complaint, Appeal, And Grievance Systems: A Structural Overview And Proposed Revisions, William V. Luneburg

Kentucky Law Journal

No abstract provided.

Nlrb Guidelines For Determining Health Care Industry Bargaining Units: Judicial Acceptance Or Back To The Drawing Board, John Robert Shelton

Kentucky Law Journal

No abstract provided.

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

Articles

Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …

Watkins V. United States Army And The Employment Rights Of Lesbians And Gay Men, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Negotiation Theory And The Law Of Collective Bargaining, Barbara J. Fick

Journal Articles

This Article focuses on the procedural aspects developed under the National Labor Relations Act in defining the concept of collective bargaining and discusses their applicability to a general theory of negotiation.

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.

Partial Performance Of Employment Contracts, Geoffrey J. Bennett

Journal Articles

Commentary on

Wiluszynski v. Tower Hamlets London Borough Council (The Times, 28.4.89)

Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy

Articles by Maurer Faculty

This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.